Judge dismisses suit filed by mother of toddler killed by LAPD bullet [Updated]

 

In a victory for the Los Angeles Police Department, a judge this morning threw out a lawsuit filed against the city by the mother of a 19-month-old toddler killed by a bullet fired by SWAT officers during an attempted hostage rescue in 2005.

The case before L.A. Superior Court Judge Rolf M. Treu was set to go to the jury this week after SWAT officers and police experts completed their testimony.

But Treu this morning granted the city's motion to dismiss the case, saying a jury could reach only one conclusion: that the officers acted reasonably.

Attorneys for Lorena Lopez, mother of 1 1/2-year-old Suzie Pena, argued in the trial that officers should have retreated and negotiated further with Raul Pena, who was delirious on alcohol and cocaine and holding his daughter hostage in the office of his car dealership on July 10, 2005.

The city contended that officers attempted the rescue in the best tactical way possible, and that the baby's father was the only one to blame for her death because he repeatedly held her as a shield during the hours-long standoff.

[Updated at 11:22 a.m. City Atty. Carmen Trutanich, who was being interviewed by The Times when a deputy city attorney came into his office announce the news, jumped from his chair with a cheer and high-fived the lawyer. Millions of city dollars had been in jeopardy, he said.

 “This is a case where nobody wins except the citizens, because no one should have been sued in this case,” said Trutanich, who spent four hours personally vetting the evidence with the city's legal team before it went to trial.

“Police did everything pursuant to procedure, they were caught in a terrible situation -- in fact one officer was shot as they were charging the door because they believed the father was going to kill the child.”

"I'm a father, I understand what it means to have a child killed," Trutanich said, "but you know there's a big difference between killing a kid because of something that overtly you did wrong and charging the city of Los Angeles, which was there not only trying to save that child's life, [but also] the mother, and the stepdaughter, the citizens around."

"There were 200 and some odd shots fired -- can you imagine the risk to the surrounding public at that time?" Trutanich said. "To me that cop should have been given a medal of valor, he's charging the place, takes a shot in the arm … and then continues to go forward, bleeding, to save that child's life as the father is cranking off 41 different shots. And then they get sued -- that's 'no good deed goes unpunished.' "]

-- Victoria Kim and Maeve Reston

Photo: Los Angeles City Atty. Carmen Trutanich, left, high fives staff lawyers in his office after being told that the suit stemming from the LAPD shooting had been dismissed. Credit: Spencer Weiner / Los Angeles Times

Comments

[myfailsafe]

Finally, someone with some common sense!

[Rick P]

Another frivolous lawsuit tossed. Good news.

[JB]

I am not so ignorant as to buy this. The gild was killed by a bullet from a SWAT officer. The SWAT team did have a choice. They could have waited longer. There is never justification for killing, unless it is self defense.

[Bill in Pasadena]

At least one judge is found with some common sense!

How about Judge Treu for the Supreeme Court?

[Don Kershaw]

Its disgusting that the City Atty. Carmen Trutanich jumped up and cheered over SWAT getting away with the death of a toddler. Show some class you piece of trash. An innocent child lost there life and this is something you cheer over? I sure as h*** hope this wasn't the wrongful death lawsuit because the city will pay.

[Gloria Jimenez]

I at least hope they paid for her funeral services. I don't get it. If she was being held hostage by her own father, wouldn't it have been better if he had ended her life than the police, if that was to be the be the end result of this horrible dilemma? Unbelievable. They had to kill her to get to him? How could the court dismiss this case? I seriously hope that this article is leaving out very important details that would justify the judges ruling, because all of this sounds completely wrong. Reasonably? Oh god.

[Steven]

Yes, accidentally shooting a child is a "good deed" that is going unpunished.

[Ginger]

Finally, a victory for common sense.

[J.M. Donnelly]

Finally, some common sense. City Attorney Carmen Trutanich deserves a lot of credit.

[johnp]

it's about time the bad guys are held responsible for their illegal and immoral actions instead of always blaming society.It is a horrible shame a child had to pay for this slime balls actions.

[Patrick]

The result in this case is so sick it's unbelievable.

Leaping up to high-five the savings of city money in the death of an 18-month-old infant is worthy of a sadist. The sad reality is that the police didn't invest the time and personnel to wait out the gunman and went in prematurely and the child got killed.

And the arrogance of the judge in predetermining the outcome of the case before the jury has even been empaneled rounds out what is a complete travesty of justice.

Someday those responsible will have to answer to a higher Judge. And may He treat the LAPD exactly as they deserve.

[Chris]

So nice to see that Trutanich was soooo happy the child was killed and the city got away with it that he jumped up and high-five'd (very intelligent gesture btw) when he heard the judge let them off. The SWAT team should never have stormed the place with a shoot first ask questions maybe sometime rambo attitude.

I hope their conscience's and karma catch up with them all and they are haunted until the end.

[ILikeLAPD]

Ahh, finally something to give you a scintilla of faith in the legal system. I remember when this happened and how everyone wanted to blame the LAPD, despite their stellar record for not getting hostages killed.

[Richard Ivey]

Can the dead toddler's mother say that an infant daughter of Los Angeles Mayor Antonio Villaraigos would still be alive today under the same circumstances. If yes, then the mother has a case.

[anotherwhiner]

We had to kill the baby to save the baby.

[Me]

There was a personal injury in this case with the murder of an innocent child. I am appalled with the attorney's gestures! A baby was killed and they are celebrating! How disgusting. I wonder if he would react the same if it were his loved one!

[Tom]

The police may have been reasonable and even heroes for what they did leaving the lawsuit without merit, but Carmen Trutanich is a TOTAL PIECE OF GARBAGE for celebrating the defeat a grieving mother like that.

[Lincoln Greene]

And once again, the police get away with murder. The police in this country, because of their policies and procedures, end up shooting hundreds of citizens every year wtih impunity. NEVER has a police officer been held to account for the deaths he caused.

Prepare for more bullets flying.

Tihs is disgusting, especially high-fiving each other over the death of a child. What does the City Attorny care? Any judgment would have been paid by insurance, not by him.

Expect mroe Murder by Cop in LA. Bang bang. You're dead.

[Are you kidding????]

"To me that cop should have been given a medal of valor, he's charging the place..."

You've got to be kidding me. Trutanich's attitude is bad enough but to see a photo of him giving a high-5 is beyond poor taste.It is insensitive and cruel. Shame on you Trutanich!! The family of this innocent baby gets to see you celebrating like an idiot.

And, the LAPD gets away with another unnecessary death of an innocent person.

There are so many other ways the LAPD could have responded to this, and this little girl would be alive today.

I don't think I have ever been more disgusted or ashamed of the judicial system in my city.

[Common Sense prevails]

"Attorneys for Lorena Lopez, mother of 1 1/2-year-old Suzie Pena, argued in the trial that officers should have retreated and negotiated further with Raul Pena, who was delirious on alcohol and cocaine and holding his daughter hostage in the office of his car dealership on July 10, 2005."

Who is she kidding? Why expect something rational from someone who is 'delirious' on alcohol and cocaine? Negotiating further will be a waste of time.

No metal of valor for the cop either. Remember? The girl is dead. They are batting .500 on that one.

[Bruce Potter]

Only in La can cops rejoice in the publics eye over winning such a very tragic and sad case! The contrast here is deplorable! A mother sees the cops rejoice by her terrible and painful loss. She has no way out from her great pain already! Now its worse! They should have kept their celebration to themselves if they have no genuine compassion for another's suffering! LA cops have a very bad image already! Why make it worse with such images and arrogance!

[Raina]

I am of the opinion that the girl's father acted in complete reckless disregard by using his daughter as a shield to protect him from the police. I am glad that the Judge threw out this lawsuit that, at the end of the day, would hurt the city. Why make Susie Pena's mother rich? I am so tired of these baseless lawsuits. Did Susie Pena's mother not know that the father had the potential for this sort of violence? It's sad that the girl had to die but it would have been a greater tragedy had many officers died trying to protect the City against a man that was HIGH on both alcohol and cocaine.

[Incite]

Thank God! That mother was just looking for a quick buck. She should sue her dead husband. Glad this leech isn't going to receive a dime in settlement money! Justice was served.

[Carol Anne]

High-fiving for the photographer was absolutely tasteless. A child died.

[michael]

it's always nice to see city officials high-fiving over a case they "won" which ultimately happened because a child was killed. yes! we won!! oh, and the kid's death was bad too, but we won!!